Every employer eventually must terminate an employee, and most employees will likely face termination at some point in their careers. New York has laws and regulations designed to make this process as pain-free as possible for both parties.
Employers must know the requirements for termination in New York to avoid breaking the law when letting go of an employee. Employees should know the laws to protect their rights and recognize violations.
If you’ve been terminated or think you might be soon, a trusted wrongful termination lawyer can determine if you’re receiving unfair treatment and advise you of your rights and options. Contact Joseph & Norinsberg online or call 212-227-5700 today for a free consultation.
What Are the Requirements for Termination in New York?
Employers are responsible for giving their terminated workers adequate notice, access to documents, and more. Here are some requirements companies must adhere to when terminating employees in New York:
The Effective Date of Termination and Cancellation of Benefits
Employers must give their workers a written notice of termination that includes the dates their employment and benefits end. They must give the notice within five work days of the termination itself.
Companies face an additional penalty if they fail to inform a terminated employee that their accident or health insurance benefits were canceled.
New York Department of Labor Employment Records
Employers must notify terminated employees of the right to file for unemployment benefits. They also need to give the employee a filled-out copy of Form IA 12.3, showing that unemployment insurance covers the job and providing employer information to speed up the benefits approval process.
Health Insurance
The federal Consolidated Omnibus Budget Reconciliation Act, or COBRA, requires companies with 20 or more employees to offer a temporary extension of health care coverage benefits to terminated employees. New York laws extend that requirement to employers with fewer than 20 employees.
Final Paychecks Were Issued
New York’s labor laws require employers to pay or mail a terminated employee’s final paycheck by the normal payday for the period in which they were terminated.
What Is Required of the Employee Upon Termination?
While employees do not have strict legal requirements for handling a termination, there are several common practices most workers are expected to follow. These include the following:
- Returning any company property that was issued to you for work, such as electronics
- Sitting for an exit interview, where you can discuss your experience at the job and give feedback to your employer
- Signing legal paperwork to formalize the termination, including the termination letter, an acknowledgment that you’ve received your final pay, and severance documents like non-disclosure agreements
What If I Was Terminated For An Unfair Reason?
New York observes “at-will” employment laws, meaning an employer can terminate a worker at any time for any reason or without reason. This works both ways, as employees can also quit their jobs without cause or notice.
However, employers cannot fire employees for certain illegal reasons. For instance, it’s illegal to fire an employee based on race, sex, religion, age, or other protected characteristics. In addition, employers cannot terminate employees in retaliation for whistleblowing about illegal or unsafe practices, making a harassment or discrimination complaint, or filing a workers’ compensation claim.
Union employees may have additional employment protections outlined in a collective bargaining agreement.
If you believe you were wrongfully terminated, our experienced employment law attorneys can help you file a claim and gather evidence to support your case.
Are Employers Required to Pay Severance?
New York employers are not legally obligated to offer severance packages to departing employees, but many do. Severance pay can help terminated workers while they look for new jobs. Meanwhile, employers offer such packages to maintain goodwill with current employees.
However, most employers will ask for certain legal concessions in return for severance pay, including agreeing not to sue. An employee with a potential wrongful termination claim may want to consider refusing to sign it away without further concessions from the company. A knowledgeable lawyer can help you determine whether a severance agreement is worth signing.
Contact Joseph & Norinsberg For Your Employment Law Cases
If you’re facing an unlawful termination, we can help you fight back and win the compensation you deserve. The experienced employment lawyers at Joseph & Norinsberg LLC have a relentless work ethic, exceptional trial skills, and empathy for each and every client. We will fight hard to protect your rights and get you the justice you deserve.
Call us today at 212-227-5700 for a free consultation.
